Williams also testified and corroborated much of the recorded conversations. Giglio applies the Brady rule to evidence affecting the credibility of key government witnesses. The district court denied the motion on October 20, 2005, because the issues In 1994, Davis and Williams provide Adams policeprotection. Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. Crime after crime is introduced and solved; cast members come and go. During that jury selection, the prosecution used peremptory challenges to remove nine of ten African-American women and two of four African-American men from the pool of qualified jurors from which the 12-member jury was selected. Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. In June 2005, the district court granted that part of Davis's motion which limited this factor to his threat of future dangerousness while he is in a penal institution. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. Please try again. Davis became agitated as the evening progressed because Groves had not been killed yet. His regular duty partner and her associate robbed the restaurant and fatally shot him. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 3593(e). I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. Among other comments, the prosecutor told jurors that Davis was basically the Godfather on the street to a hit squad. The prosecutor also said: He was protecting Hardy and Causey who were killing people and referred to Hardy and Causey as Davis's murdering, drug-dealing friends. According to the prosecutor, Davis made sure the coast was clear so Hardy and Causey can go do drive-bys. 7. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted). In April 1996, Davis and his co-defendants were tried jointly before a jury. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. FN3. That shit ain't gonna fly, man. Police Officer Ronald A. Williams, II, New Orleans Police She should have had her badge, gun and keys taken from her. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). On the day of Groves' murder, he and Davis Is that just? Contact us. There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. See United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010) (refusing to find plain error in light of divided legal authorities). If so, then we ask whether the defendant was prejudiced. Don't let that happen. If I was family to any of the ones that were killed that day, I would sue the New Orleans Police Department. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show premeditation. Huh? 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. The testimony and wiretap excerpts from Operation Shattered Shield revealed that Davis's sole motivation for ordering Groves killed was the complaint she filed against him. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. On this Wikipedia the language links are at the top of the page across from the article title. Several officers still await trial, including two facing murder charges. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Yes. . And I want you to listen to what I'm saying. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation). Davis stated that trial testimony from FBI personnel revealed that Williams was promised witness protection for himself and his family in exchange for his cooperation, and that the Government would consider filing the 5K letter for Williams. Davis has been suspended by the Police Department. Pennington said he immediately suspended the nine officers. See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). One of the officers, a 5th District sergeant, is a commander. See 18 U.S.C. Huh? July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation)..FN2. FN9. FN8. You recall the events of September 30th, 1994, Williams described to you. If the cooperation was substantial, the Government would consider filing the 5K letter, but neither the letter nor a lighter sentence were guaranteed. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. That shit ain't gonna fly, man. Has the government-have I or any government attorney promised you anything? Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. At approximately 10:00 p.m., Davis and Williams spotted Groves near her home. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. 9. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. Moreover, we have previously held that [a]though the prosecution may not appeal to the jury's passions and prejudices, the prosecution may appeal to the jury to act as the conscience of the community. Jackson, 194 F.3d at 655 & nn.54-56. Create a free ODMP account now for these benefits: Create an account for more options, or use this form to leave a Reflection now. 472 (2008) establish that the district court erred in overruling his Batson challenges. Id. United States v. Davis, 912 F.Supp. [15], Davis was convicted in 1996 on two federal civil rights charges for directing Hardy to murder Groves and for witness tampering. Vuelos Alquileres de vacaciones Davis also argues that our standard of review in his first appeal is clearly erroneous in light of Snyder and Miller-El. He didn't have the decency to apologize. 90, 111-112 (D.D.C.2000) ([W]hatever violent or criminal capabilities Cooer [sic] has outside the prison walls will have no probative value when [he] will spend the rest of his life in prison). He is survived by his wife and two young children. The letter she read into testimony was part of that impact. Davis further argues that the jury may have been confused because while imprisoned implied the length of time Davis would be incarcerated (and possibly released), while in prison denotes the fact that he would be incarcerated (with no release). Davis paged Hardy. Huh? United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). On cross-examination, Williams reiterated that he did not have an agreement with the Government. [19] He was initially sentenced to death, but in 2011 his sentence was commuted to life when he was found by a judge to be intellectually disabled. United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. They [Davis and Hardy] are friends. The rule announced in these cases simply made clear that the death resulting component of 241 and 242 must be alleged in the indictment and found by the jury beyond a reasonable doubt. 3593(a). denied, 544 U.S. 1034 (2005). [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. WebSammy Williams. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. When Hardy called Davis back almost immediately, Davis described Groves's appearance. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. In his fifth claim, Davis argues that the prosecution's closing arguments at the selection phase of the sentencing hearing were improper and constitute reversible error.11 Davis specifically takes issue with five categories of statements. In police code, 30 is the signal for a homicide. 3591-3599. Cf. During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. For example, when discussing Davis's plan of the murder, the prosecutor stated: Hardy's going to be the executioner and they're [Davis and Williams] are going to clean it up. The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. In other words, a mitigating factor may be considered in the jury's weighing process if any one juror finds the factor proved by a preponderance. Jones, 527 U.S. at 408. And he made the statement, well, Dunc, you just don't understand the game. The document also showed the percentage change for the two years. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. Real cocaine - more than 130 kilos - was used throughout the sting, as was real money, $97,000 of which was distributed to officers in payments as large as $6,000. In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. She testified that the request had been made [s]o it can be over and so Davis could spend the rest of his life thinking about what he did.10. 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). WebWilliams, who himself had been indicted on corruption charges, gave some insight into a police force awash with illegal drug money. He used his position and the NOPDs resources to orchestrate On October 10, 1994, Kim Groves witnessed an NOPD police officer pistol-whipping her nephew. And justice can only be had by sentencing Len Davis to death. Or maybe they didn't do anything.". The prosecution stated:He's already serving life for the cocaine conviction. "It tells us that corruption in the Police Department is pervasive, rampant and systemic.". Similarly, the court instructed the jury that: [t]he law permits you to consider anything about the commission of the crime or about Mr. Davis' background or character that would mitigate against the imposition of the death penalty. And I want you to listen to what I'm saying. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. August 17, 2012. All rights reserved. As the district court held, victim-impact evidence has been upheld as constitutional. Position: OT. What do you hope to get out of your testimony? Jasmine read the remarks from a letter she had written to Davis. Is that just? Davis cannot demonstrate that the remarks prejudiced him. To prove plain error, Davis must show (1) there was error, (2) the error was plain, (3) the error affected his substantial rights, and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings. Jackson, 549 F.3d at 975.4. The description matched what Groves had on at the time of her murder. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Senior Police Officer Sharon M. Williams. The judge's answer is thus consistent with her prior order dated June 27, 2005, which limited the aggravating factor regarding Davis's threat of future danger: The Court agrees with Defendant's contention, however, that this non-statutory aggravating factor must be qualified to indicate to the jury that it should consider Davis's future dangerousness only within the context of any menace he might present in a penal institution. Police procedurals are stasis machines. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. Davis thus was not prejudiced by the district court's error. Because [d]istrict courts enjoy substantial latitude in formulating a jury charge, we review all challenges to, and refusals to give, jury instructions for abuse of discretion. United States v. Webster, 162 F.3d 308, 321-22 (5th Cir.1998), cert. Officer Williams, On today, the 25th anniversary of your death I would just like to say thank you for your service and sacrifice for the citizens of New Orleans. The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. A big break in the case came when Davis - described as the ringleader of the nine cops - asked for a cellular telephone to conduct business with the undercover agents. And he said, man, Paul Hardy ain't never killed nobody that didn't deserve to die. For example, the jury heard the FBI wiretap tapes in which Davis discussed with Hardy a murder he thought Hardy had ordered:And you can't go to jail for putting a hit on somebody, Paul. . Under either standard, Davis's claims fail. "We put everyone on notice today. At about 9:45 p.m., Davis called Hardy to complain; Hardy assured him that the murder would get done. All three defendants appealed, citing numerous points of error individually and collectively. The investigation hits the Police Department at a time when the agency is reeling from several years of corruption, with more than 30 officers arrested in connection with a variety of crimes. NEW ORLEANS Three New Orleans men who were incarcerated for almost three decades are now free. In what is being called the largest case of police corruption in the city's history, nine New Orleans officers were charged in federal court Wednesday with accepting nearly $100,000 in bribes to protect a large-scale cocaine operation run by undercover FBI agents. Sammie Williams is equally or more culpable than Len Davis and he will not be punished by death. Streed replied that he was not. At the selection phase, the prosecutor again argued that Hardy was a killer by trade, and that Davis had aided and abetted Hardy and his associates in their criminal activities. Evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278 (citation omitted). Planning means mentally formulating a method for doing something or achieving some end. While the bell could not be unrung-i.e., the jury had already heard the prosecutor's testifying-the judge's sua sponte admonitions to the prosecutor alerted the jury to the improper nature of the remarks even without defense counsel's objections or a curative instruction. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Michael Perlstein and Walt Philbin wrote this report. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. You have permission to edit this article. We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. But see United States v. McWaine, 243 F.3d 871, 873-74 (5th Cir.2001), overruled on other grounds by United States v. Cotton, 535 U.S. 625 (2002) (applying the two-step analysis where the defendant did not object to prosecutor's allegedly improper remarks); United States v. Lankford, 196 F.3d 563, 573-74 (5th Cir.1999) (same). One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. Here, the proposed instruction for a considerable or large amount of planning is substantively covered in the final jury charge, where substantial planning is defined as requiring a considerable amount of planning preceding the killing. As for the definition of substantial premeditation, there is no reasonable likelihood that the jury would have applied the instruction in a way that prevented consideration of evidence. This apparently has been an ongoing issue. The New Orleans Police Department has been broken for some time, and this case shows just that, said Thomas E. 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